Similarly, workers and contractors must do their part to help their employer implement existing health and safety provisions. This would be a dedicated individual who would be responsible for ensuring that all health and safety tasks are performed and respected by employees. This may include routine safety inspections, managing day-to-day operations, and collaborating with security personnel throughout the organization. If your organisation is affiliated with a trade union, you should also contact a designated representative. The Crown is bound by health and safety regulations and by the Act itself, with the exception of (section 48): Since the United Kingdom`s accession to the European Union (EU) in 1972, many health and safety regulations have had to comply with European Union law, and legal instruments have been adopted under the Act to implement EU directives. In particular, the law is the main means of complying with Directive 89/391/EEC on health and safety at work. [7] Further important amendments were made to Section 6, Obligations relating to objects and substances used at work, by the Consumer Protection Act 1987 in order to implement Directive 85/374/EEC on product liability. [8] It concerns not only the well-being of permanent workers, but also that of casual workers, self-employed and temporary workers, and visitors to the public. Article 3 establishes the obligation of all employers and self-employed persons, to the extent possible, to ensure the safety of persons other than employees, such as contractors, visitors, the public and contracting entities.

The Secretary of State has broad powers to make health and safety regulations (section 15). Violations of the regulations may give rise to criminal proceedings under section 33. In addition, the Health and Safety Executive may issue codes of conduct (Article 16). Although a violation of a code of conduct is not a criminal offense per se, it can be proven for a criminal violation of the law (Article 17) All equipment used at work, including computers and electronic devices, must be maintained to ensure that it is safe to use. This usually involves regular security checks by a designated person and a defined process for reporting bugs so they can be fixed. The Consumer Protection Act 1987 gave a customs officer the power to seize imported goods for a maximum period of 48 hours (section 25A). In accordance with the principle of the right to remain silent, answers to questions put by the inspector to a person may not be used as evidence against him, his spouse or partner (Article 20(7)) or require the production of a document protected by the confidentiality of legal communications (Article 20(8)). Health and safety is a partnership where the client and contractor share these common responsibilities. If you have five or more employees, you must have a written health and safety policy statement outlining how you manage health and safety in your business. Our Occupational Health and Safety course provides trainees with an in-depth understanding of the key aspects of safety and health that individuals may encounter, as well as the legal, moral and occupational health and safety responsibilities that everyone must know in order to work safely in an industrial environment.

6. Appointment of a competent person to oversee health and safety Health and safety legislation is enforced in part through inspector notices. However, more serious cases can be prosecuted. Professional help from a health and safety advisor can help reduce the risk of fines and prosecution. There is no civil liability for breach of legal obligations in relation to Articles 2 to 8 and there is liability for breaches of health and safety regulations unless otherwise provided (Article 47, as amended by the Enterprise and Regulatory Reform Act 2013). [31] However, a breach that is not enforceable in itself may constitute evidence of a claim for negligence at common law. In particular, a criminal conviction may be given as evidence. [32] “The employer has a duty to ensure the safety and health of workers in all aspects of work.

However, this Directive does not restrict the possibility for Member States to provide for the exclusion or limitation of the employer`s liability where occurrences result from unusual and unforeseeable circumstances beyond the control of the employer or from extraordinary occurrences the consequences of which could not have been avoided despite all due diligence. [ref. needed] It imposes an obligation on directors and officers and provides that they may be prosecuted if it is established that an offence committed by the corporation was committed with their consent, acquiescence or negligence.